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Combatting impunity is essential for the realisation of the right to freedom of religion or belief

Violations of freedom of religion or belief (FoRB) take many forms: harassment, discrimination, threats, imprisonment or even death on account of one’s religion or belief. The impunity that generally surrounds these violations undercuts the rule of law, denies justice to victims, and perpetuates an environment conducive to further violations. The issue is multifaceted and nuanced, with socio-political, legal, and psychological dimensions.

Socio-political implications

When state or non-state actors perpetrate FoRB violations without facing repercussions, it critically erodes public trust in the institutions responsible for upholding the rule of law. This erosion of trust threatens social cohesion and contributes to societal fragmentation.

Additionally, such impunity facilitates the normalisation of FoRB-related violations. When abuse of this right goes unpunished, it sends a tacit message to society that such actions are either permissible or at least tolerated, thereby further emboldening potential perpetrators.

An example of this can be seen in India, where the rise of a Hindu nationalist ideology embraced by the government has caused a surge in religious intolerance. Minority groups, especially Christians and Muslims, report increased incidents of violence, intimidation, and discrimination in recent years, as cow vigilante attacks, anti-conversion laws and attempts to reframe India’s history and identity from a secular to a predominantly Hindu narrative underscore this trend. Meanwhile, the state’s complicity in either turning a blind eye to, or actively endorsing these activities results in a lack of accountability and justice.

Most alarmingly, this cycle of impunity can undermine the very foundations of democratic governance and pluralism, as a democratic society is predicated on the rule of law and the protection of human rights, including FoRB.

Legal implications

Rule of law, which is founded on the principle that all are equal before the law, is significantly undermined when impunity prevails. When exceptions are created to this foundational principle, the legal system itself becomes compromised, setting a dangerous precedent that could lead to other fundamental rights being similarly ignored or violated.

The absence of legal repercussions also acts as a disincentive for reporting violations. Victims or witnesses, convinced that such crimes will go unpunished, and often fearing further mistreatment or targeting should they make an official complaint, are less likely to report them. This creates a chilling effect that results in underreporting and skews data, obscuring the true magnitude of the problem.

Lastly, the lack of legal consequences contributes to a paucity of legal precedent related to FoRB violations. This paucity of precedent can substantially hamper future efforts to ensure accountability, making it even more difficult to combat these violations effectively.

Psychological implications

The psychological implications of impunity for FoRB violations are both immediate and long-term, affecting individuals and society at large. First and foremost, impunity denies victims the justice they seek, thereby exacerbating their trauma and making them feel marginalised and delegitimised in their experiences.

Secondly, when FoRB violations become commonplace and go unpunished, a troubling societal desensitisation may occur. This collective numbness towards the gravity of these human rights violations can lead to a passive acceptance, effectively lowering the societal bar for what is deemed unacceptable behaviour.

Finally, the enduring nature of impunity can contribute to shifts in cultural norms and values. Over time, certain religious or belief groups may increasingly be viewed as “legitimate targets” for discrimination or violence, thereby entrenching prejudices more deeply within the social fabric and perpetuating cycles of violation and injustice.

This has been witnessed in Nigeria, particularly in the country’s northern states and central, or  ‘Middle Belt’, region where systematic marginalisation and episodic violence dating from the colonial era decision to place indigenous non-Muslim ethnic groups under the authority of the Sokoto Sultanate, created an enabling environment for the regular emergence of violent non-state actors such as Boko Haram and the Fulani militia, who  terrorise communities based on their religious beliefs. The inability or unwillingness of successive Nigerian government’s  to hold perpetrators accountable has exacerbated the crisis, leading to escalating cycles of violence, and the gradual expansion of this terrorism to previously unaffected areas.

Addressing these challenges is not only about ensuring justice for individual victims or communities, but also about preserving the foundational principles of justice, equity, and human rights that underpin democratic societies.

Impunity on the international stage

In some cases a state can enjoy a significant degree of impunity on the international stage, as is the case with China.

The Chinese Communist Party’s crackdown on religious and belief groups has intensified over the past decade. The government’s policy towards religious minorities, whether it’s Muslims in the Xinjiang Uyghur Autonomous Region (XUAR), Tibetan Buddhists, or Christians in unregistered churches, is increasingly restrictive and punitive. The situation in XUAR is particularly alarming, with allegations of forced labour, mass surveillance, and indoctrination camps. While China vehemently denies any wrongdoing, its systematic repression, coupled with an international hesitancy to confront Beijing, has engendered gross impunity.

How CSW seeks to address impunity

Through its advocacy, research, and on-the-ground partnerships, CSW seeks to play a crucial role in highlighting these issues to the UK Parliament and the Foreign, Commonwealth and Development Office (FCDO) desks and relevant departments. We are documenting abuses and raising these issues with the UK government, the US government, and regional and international institutions, alongside supporting local communities to bring about systemic change.

It is increasingly being recognised that impunity can only be eroded by accountability, justice and the unbiased enforcement of the rule of law. Without this, the repetition of violations, some of which often amount to atrocity crimes, is guaranteed. There are various means of assuring accountability for perpetrators and justice for survivors, including by establishing independent and impartial investigations and prosecutions, providing effective remedies and reparations to victims, ensuring witness protection and cooperation, reforming laws and institutions, and promoting human rights education and awareness.

The UK, as a permanent member of the UN Security Council and through its sanctions regime and other tools of diplomacy, has a crucial role to play in tackling FoRB-related impunity. On 5 December the All-Party Parliamentary Group (APPG) for FoRB is hosting an event that will enable parliamentarians to learn more about this issue and how policymakers can play their part in encouraging the UK government to act. It is not sufficient to simply raise awareness of atrocities, of crimes against humanity; we must go further in advocating for FoRB and leveraging every tool at our disposal to ensure human rights are respected. This is why events like these are important.

By CSW’s UK Liaison Officer Chibuzor Tina

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  • Jennifer Joseph
    published this page in News 2024-10-11 08:42:47 +0100